Chapter 5

Question 1

1. Must be issued by a neutral and detached magistrate
2. Probable cause must be set forth in the warrant
3. The warrant must conform to the fourth amendment particularity requirement
   These are what?

Answer 1

Three requirements for search or arrest warrants to be valid

Question 2

Can police officers be considered neutral and detached by the court?

Answer 2

No

Question 3

Can executive officials issue warrants?

Answer 3

No

Question 4

What Case established threat probable cause to arrest exists when “facts and circumstances within the polices knowledge and of which they have reasonably trustworthy information are sufficient to warrant a prudent man in believing that the suspect has committed or was committing an offense?”

Answer 4

Beck v. Ohio

Question 5

The officer applying for the warrant must show probable cause that the items to be seized are connected with criminal activity. This is the first step of what?

Answer 5

Probable cause in a search warrant

Question 6

The officer must show probable cause that the items to be seized are in the location to be searched. This is the second step of what?

Answer 6

Probable cause in a search warrant

Question 7

The fourth amendment says that warrants must what ?

Answer 7

Particularly describe the place to be searched, and the persons or things to be seized.

Question 8

Particularly describe the place to be searched and the persons or things to be seized is known as what?

Answer 8

Particularly requirement

Question 9

The particularly requirement can be avoided is by what?

Answer 9

Plain view doctrine

Question 10

A stop can involve a de facto arrest if it becomes too intrusive

Answer 10

True

Question 11

The seizure of a person occurs when a police officer, by means of physical force or show of authority, intentionally restrains an individuals liberty in such a manner that a reasonable person would believe that he or she is not free to leave. This was established in what case?

Answer 11

Terry v. Ohio

Question 12

Stop requires what?

Answer 12

Reasonable suspicion

Question 13

Arrests require what?

Answer 13

Probable cause

Question 14

A stop could turn into an arrest because of two things
1.
2.

Answer 14

1. The duration of the stop

2. The degree of intrusion

Question 15

What occurs when a person confronted by the police is still free to leave?

Answer 15

Nonstop

Question 16

What required no justification at all, because it is not considered a seizure within the meaning of the fourth amendment?

Answer 16

Nonstop